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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi Formosa Journal of Sustainable Research (FJSR)
Wijaya, Dion Untung
Unknown Affiliation
Computer Science & IT Decision Sciences, Operations Research & Management Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Workers' Rights Against Cases of Unilateral Termination of Employment in Review of Law No. 6 of 2023 on Labour Copyright Wijaya, Dion Untung; Kurniati, Yeti; Durahman, Dani
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8670

Abstract

This research aims to find out the protection of workers' rights for unilateral termination of employment (PHK) carried out by the company. specifically aims to find out: first, how is the form of legal protection of the rights of workers / labourers who experience unilateral termination of employment (PHK) carried out by the company based on Law Number 6 of 2023 concerning Job Creation, second, how can legal remedies be taken by workers / labourers who experience termination of employment (PHK) who are not fulfilled their rights by the employer. This research uses normative juridical legal research methods with a statue approach and conceptual approach. The results of this study indicate that in the event of termination of employment (PHK) has a legal regulatory basis listed in Article 151 of the Job Creation Law which discusses the ways to terminate employment (PHK). Exceptions regarding termination of employment (PHK) are contained in Article 153 of the Job Creation Law. Various reasons for termination of employment (PHK) can be done but not done in a unilateral manner by the company which will harm workers/labourers. Legal protection against unilateral termination of employment (PHK) has been regulated in Article 153 of the Job Creation Law, where in the termination of employment (PHK), the company will be responsible for the termination of employment (PHK).
Alleged Delay in Notification of Takeover of Shares of Pt Kadi Indonesia Manufaktur by Nippo Corporation Decision: 16/KPPU-M/2023 Bunyamin, Bubun; Rosidah, Rosidah; Wijaya, Dion Untung; Yuliarpan, Pipit
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9115

Abstract

The case of late notification of the takeover of PT Kadi Indonesia Manufaktur (PT KIM) shares by Nippo Corporation has become an important highlight for law enforcement in the Indonesian capital market. This violation has the potential to have a negative impact on the capital market, especially for PT KIM investors, and could damage investor confidence in the existing system. This research analyzes two important aspects: the effectiveness of the Rp. 1 billion fine sanction imposed by the KPPU on Nippo Corporation, and the adequacy of the current share takeover notification mechanism. The results of the analysis show that the effectiveness of fines and notification mechanisms still needs to be strengthened to ensure compliance with Law no. 5 of 1999. Furthermore, this research provides conclusions and suggestions for improving the effectiveness of law enforcement and preventing similar violations in the future. These suggestions include strengthening regulations and law enforcement, increasing transparency and education, increasing cooperation between agencies, utilizing technology, and strengthening the role of the community. Further research is recommended to explore various aspects related to this case, such as economic impacts, comparisons with other countries, roles and responsibilities of related parties, factors driving violations, and the effectiveness of education and outreach
Amicus Curiae: in the 2024 PHPU Presidential Election Session Wijaya, Dion Untung; Manurung, Agustinus; Tamara, Yogi Angistya; Mijan; Muslim, Thariq; Wiradirja, Hj. Imas Rosidawati
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10016

Abstract

This research examines the role of the amicus curiae in the 2024 Presidential Election Results Dispute (PHPU) trial in Indonesia. Through a qualitative approach, this research analyzes the contribution of the amicus curiae's independent views to the final decision of the Constitutional Court (MK) and public trust in the fairness of the legal process. Data was collected through document analysis, interviews and direct observation of the trial process. The findings show that amicus curiae has an important role in bringing a neutral and in-depth legal perspective, enriching legal discussions in the courtroom, and strengthening the legitimacy of the Constitutional Court's decisions in the eyes of the public. Despite being faced with various challenges, including political pressure and the complexity of legal cases, the amicus curiae remains consistent in maintaining its legal neutrality and independence
Implementation of the Criminal Justice System for Employment in Indonesia Wijaya, Dion Untung; Priyanto, Eka; Irawan, Feri; Kurniati, Yeti; RAS, Hernawati
Formosa Journal of Sustainable Research Vol. 3 No. 7 (2024): July 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i7.10505

Abstract

This study explores the effectiveness of the implementation of the labor criminal justice system in Indonesia in providing fair and equitable legal protection for workers, and identifies the obstacles and challenges faced in the process of enforcing labor law. Through qualitative descriptive methods, data were collected from in-depth interviews with various stakeholders and analysis of related documents. The results of the study indicate that limited human resources and budget, corrupt and nepotistic practices, lack of legal understanding, and uneven distribution of labor courts are the main obstacles in enforcing labor law. To overcome these obstacles, strategies are needed that include increasing capacity and budget, strengthening supervision and accountability, legal counseling, and increasing access to labor courts. With the implementation of these strategies, it is hoped that the labor criminal justice system in Indonesia can run more effectively, fairly, and provide maximum protection for workers
Co-Authors Bunyamin, Bubun Dani Durahman Feri irawan Hernawati RAS Manurung, Agustinus Mijan Muslim, Thariq Priyanto, Eka Rosidah Rosidah Rosidawati Wiradirja, Imas Tamara, Yogi Angistya Yeti Kurniati Yuliarpan, Pipit